Terms & Conditions

1. Definitions

1.1. Welcome to TripShooter.com (“the Website”). The following terms and conditions (the “Agreement”) form a binding contract between you and Oaksbury Hill, Inc (“TripShooter”), its employees, officers, subsidiaries and related bodies corporate. TripShooter is a business registered in the United States of America and domiciled at Oaksbury Hill. Inc, 98 Carriage Rd, Barrington, IL 60010 USA. Please review the following terms carefully. By using the TripShooter Website or any of our Services, you are agreeing to these terms.
1.2. The words “we”, “our” and “us” relate to TripShooter, its employees, officers, subsidiaries and related bodies corporate.
1.3. The words “you” and “your” relate to the user of the TripShooter Website or Services, or the person on whose behalf that person accesses or uses the TripShooter Website or Services.
1.4. The words “Photographer” and “Photographers” relate to the independent contracted Photographers selected by TripShooter and assigned to you after making a booking on the TripShooter website.
1.5. The words “Third Party” and “Third Parties” relate to selected Third Parties who may offer you related services, including but not limited to providers of print products and merchandising.
1.6. The word “Services” refers to the services outlined at paragraph 2 below.
1.7. This Agreement governs the use of the TripShooter Website and Services, including booking Photographers online, attending a photo shoot with your assigned Photographer, downloading digital image files, ordering online prints and participation in promotions run by TripShooter. The Agreement can be accessed at any time from the footer on the TripShooter website www.tripshooter.com.
1.8. We reserve the right to withdraw or amend the Services without notice. We will not be liable for any reason if they are unavailable at any time or for any period.
1.9. In order to access the Services, you must be 13 years of age or older. If you are under 18 years of age, you must obtain permission from your parent or guardian to use the Services.
1.10. If we give you the option to sign up via your Facebook account, you are responsible for maintaining the confidentiality and security of your Facebook username and password. We will not be liable for any losses associated with your Facebook account being hacked and your Confidential Information being made available.
1.11. We have the right to not provide the Services, at any time, if we consider that you have failed to comply with any of the provisions of these Terms.
1.12. You acknowledge and agree that through your use of the Services, you consent to the collection and use of personal information.
1.13. Oaksbury Hill Inc is registered in the United States of America. Our e-mail address is smile [at] tripshooter [dot] com.

2. Our Services

2.1. TripShooter acts as an agent between you and independent Photographers at destinations around the world. That agency is a limited agency, limited to the terms of this Agreement. We do not have an employment relationship with the Photographers. All Photographers are independent contractors and the contract is formed between you and the Photographer
2.2. You are invited to browse online Photographer portfolio samples and location information on our website before making an online booking using our online booking form. On submitting the form you will be directed to Paypal to complete payment for the selected photo shoot package. Until payment is confirmed as cleared and undisputed in our account, we have no contract with you.
2.3. Following receipt of your payment, we will liaise with the independent Photographers at your selected destination and coordinate the best match between you and a Photographer based on your expressed preferences and Photographer availabilities.
2.4. TripShooter does not guarantee, or provide any warranty or undertaking, that you will be appointed the Photographer you prefer. Further, TripShooter reserves the right to change your appointed Photographer at any time prior to the Photo Shoot. TripShooter will not be liable for any reliance or expectation by you on the services of any particular Photographer featured on the TripShooter website.
2.5. We will provide you with a confirmation of booking and relevant details within seven (7) days of your booking. This confirmation will provide you with information including the confirmed date and time of your photo shoot, the contact details of your assigned Photographer, and a suggested meeting place.
2.6. During your photo shoot, you have the option to extend the length of the package. On communicating this preference to your assigned Photographer, you will be required to pay for the extra time required before receiving your photos. The payment may be done in one of two ways:
2.6.1. Through paying the additional sum in cash directly to the Photographer during your Photo Shoot. Your Photographer will provide a receipt; or
2.6.2. On the TripShooter website within 24 hours of the Photo Shoot.
2.7. Following the photo shoot with the assigned Photographer, the Photographer will select a number of unique images, with their amount to be determined by the photographic package chosen at the time of booking, or in the case of time extensions, by the final package chosen and paid for.
2.8. The Photographer may professionally retouch the selected photos according to his or her professional judgement and skill, and will upload them to an independent server nominated by TripShooter.
2.9. On receiving notice from the Photographer that the completed photos have been uploaded to the server, TripShooter will forward you with a private (but not password-protected) link that you may use to access and share your photos. This link will enable you to download the full digital versions of your selected photos.
2.10 The link provided by TripShooter can be shared with others, including but not limited to on social media networks.
2.10.1 If you choose to share the link with others publicly, privately or on social media networks, other people may see or download your photos.
2.10.2 TripShooter is not responsible in any way for the protection of the links to your photos.
2.10.3 TripShooter accepts no liability for the consequences of any breaches of privacy that may occur in respect of others accessing your private link.

3. Acceptance of Terms and Conditions

3.1. Your use of the TripShooter Website and its Services indicates that you agree to these Terms & Conditions and that you are legally bound by them. If you do not agree to these Terms and Conditions, please cease to use the TripShooter website immediately or click here and you will be directed away from the TripShooter website.
3.2. When you make an online booking with TripShooter, and tick the box that says ‘I understand and accept the Terms and Conditions’, you confirm that you agree to these Terms and Conditions and are legally bound by them. Please do not proceed to make an online booking with TripShooter until you have read, understood and accepted these Terms and Conditions. We encourage you to print these terms.
3.3. If you have any queries about these terms, please contact us in writing by emailing us at smile [at] tripshooter [dot] com and we will provide as much assistance as we possibly can.

4. Refund Policy

4.1. If you have made a booking with TripShooter and you are not able to attend, you can request a refund of the booking fee. We are not responsible for any delivery or transaction fees paid by you at the time of purchase of the Photo Shoot. Our conditions of refund are in clause 4.2:
4.2. Conditions of Refund:
4.2.1. We will consider offering a full refund or a substitute Photo Shoot to you if you communicate your cancellation to TripShooter or your assigned Photographer in writing more than 7 days before the shoot.
4.2.2. We will consider offering a 50% refund of the booking fee if you communicate your cancellation to TripShooter or your assigned Photographer in writing up to 48 hours before the shoot. No substitute will be given.
4.2.3. If you communicate your cancellation to TripShooter or your assigned Photographer in writing less than 48 hours before a photo shoot, or do not communicate your cancellation to TripShooter or your Photographer at all, no refund or substitute will be given.
4.2.4. Any refunds will be processed back to the purchaser only and will be net of any transaction fees or taxes etc.

5. Prices

5.1. All prices indicated on the TripShooter Website are expressed in Euros (€). Paypal provides an automatic foreign currency conversion at the time that you pay the TripShooter booking fee. The prices charged by Paypal may vary according to changes in the foreign exchange rates. We have no control over the foreign exchange rates set by financial institutions and bear no responsibility for the foreign exchange conversion used by Paypal.
5.2. All prices are correct at time of publication. However we reserve the right to alter prices for any reason without notice.

6. Transfer of Bookings

6.1. All TripShooter bookings are fully transferable to another nominated party prior to the date of the photo shoot. All variations must be communicated in writing.

7. Availability of Photographers

7.1. All photo shoot bookings are offered subject to the availability of Photographers. To secure a photo shoot, bookings should be made at least 7 days in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance.
7.2. Bookings are not finalised until you have received the email entitled “Confirmation of your booking” containing details of your assigned Photographer, his or her contact details, the photo shoot location and meet-up location.
7.3. The dates you indicate at the time of making your online booking are guidelines only. While we will do our best to accommodate your first or second preferences in arranging your photo shoot, there are always events outside our control which will require us to communicate further with you in arranging a different suitable time for both you and your assigned Photographer.
7.4. We make no guarantees about the availability of any particular Photographer for your Photo Shoot and reserve the right to choose the most appropriate Photographer for your circumstances.
7.5. If we are unable to arrange a time and date that is suitable for both you and a Photographer, we will issue a full and immediate refund of the amount paid at booking, excluding any transaction or conversion fees.

8. Contact Details

8.1. It is your responsibility to ensure that you enter your email address and other contact details correctly when you complete the photo shoot booking process on the TripShooter website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience.
8.2. If you do not receive a confirmation email within an hour after booking, please contact us at smile@tripshooter.com to ensure that we have your correct contact details.

9. The Weather

9.1. We have no control over weather conditions. TripShooter photo shoots may be conducted at all times of year and in all weather conditions. A TripShooter photo shoot is not refundable because of bad weather.
9.2. However, the Photographer may, in his or her sole unfettered discretion, vary the photo shoot location in order to better capture your photos taking the weather into account.

10. Complaints or Problems During Your Experience

10.1. If you have a problem or a complaint on the day of your photo shoot, please bring this to the Photographer’s attention immediately so that issues may be addressed on the spot, where possible.
10.2. If you remain dissatisfied with your TripShooter experience, please contact us at smile@tripshooter.com and we will do our best to resolve the issue.

11. Insurance

11.1. Prior to ordering or participating in any photo shoot you should be aware of the risks involved. In particular, by agreeing to these Terms & Conditions you agree that you attend your Photo Shoot at your own risk. TripShooter does not accept liability for any incidents, accidents, claims by third parties against you, or any other losses that may occur during, or as a result of, your Photo Shoot or during your trip. We recommend that you have your own health and travel insurance to cover any accidents that may occur while you are travelling and attending your Photo Shoot.
11.2. TripShooter makes no warranty or representation about the Photographer’s business or services whatsoever, including any insurance cover they may hold. The responsibility rests with you to make independent enquiries with the Photographer or other third parties.

12. Descriptions of Photo Shoot Locations

12.1. TripShooter tries to ensure that our promotional information is accurate and up-to-date. However, the content, format, physical characteristics or attributes of some photo shoot locations may change from time to time. The Photographer (upon confirmation of each booking) will provide the final details about each photo shoot and will notify you of any subsequent changes.
12.2. TripShooter makes no warranties or guarantees in relation to the physical characteristics or otherwise of the photo shoot locations, and accepts no liability in relation to any reliance placed on information provided by the TripShooter Website. You should make your own enquiries about the suitability of the physical characteristics of the shoot location/s.
12.3. The photographs used on our website are sample photographs, used for illustrative purposes only. They should be used only as a guide to the types of photographs you may expect to receive after completion of your photo shoot and do not represent a warranty or guarantee of the final quality or nature of your photos, or the work of a specific Photographer. TripShooter has no control over the final quality and nature of the photos.
12.4. TripShooter Photographers are located in many locations around the world and cover a wide geographical area. The description given to cities and neighbourhoods are indicative only. Photo shoots may not be available in every location in every area.

13. Photo Shoot Session Length

13.1. Photo shoot session lengths are approximate and are a guide to the total time you will be photographed by your Photographer. Unless otherwise stated, there may be waiting time or delays involved. Any itinerary provided to you is indicative only and the order of events may change. You may consider liaising with your Photographer in advance to determine the possibility of any delays.

14. Additional Fees

14.1. Photographers are liable for the costs of their own transport to your photo shoot location. However, if you choose to use any paid activities or services during your Photo Shoot (for example, if you purchase food and drink or go for a ride on a carousel…) you are responsible to pay for your own use of any such activities or services. If the Photographer cannot photograph you without making a similar payment, you are also responsible to pay on the Photographer’s behalf.
14.2. TripShooter reserves the right to charge such extra fees as applicable, and will communicate them to you at the time of confirmation of booking.

15. Promotional Offers

15.1. TripShooter offers promotional discounts, promotional codes and special offers from time to time.
15.2. If you have a promotional code, it should be entered at the final payment screen where prompted.
15.3. By redeeming any of TripShooter’s promotional discounts, promotional codes or special offers, you agree to accept and comply with all of the following terms and conditions of use.
15.3.1. If you have been provided a valid promotional code, you must enter it into the designated field in the shopping cart. Otherwise, your discount will not be applied.
15.3.2. Promotional discounts, promotional codes and special offers must be used before the designated expiration date. No extensions will be allowed under any circumstances.
15.3.3. Unless otherwise specified, promotional discounts, promotional codes and special offers may only be used once per person, and must be used at the time of checkout.
15.3.4. Only one promotion may be used per booking.
15.4. TripShooter reserves the right to verify the validity of promotional codes, promotional discounts or special offers at any time. TripShooter also reserves the right to remove any promotional codes, discounts or special offers without notice at any time.

16. TripShooter Gift Cards

16.1 The Gift Card terms and conditions are between you, the recipient of Gift Card, and the merchant that issues and redeems this Gift Card (“TripShooter”). By purchasing, accepting or using a Gift Card, you agree to be bound by these terms and conditions.

16.2 In order to redeem your Gift Card you must have a PayPal account or an active credit card.

16.3 Your Gift Card can be used solely to pay for photo shoots sold on TripShooter’s website. To redeem the value associated with your Gift Card, you will be required to provide your Gift Card code during the checkout process.

16.4 You cannot redeem a Gift Card at any other merchant or for cash.

16.5 You can only redeem a Gift Card at TripShooter’s website www.tripshooter.com.

16.6 If the amount of your order exceeds the value remaining on the Gift Card, you will be required to pay for the balance using PayPal or your credit card.

16.7 You may use more than one Gift Card at a time.

16.8 For security purposes, you may be required to enter credit card or bank account information before you can redeem the Gift Card.

16.9 No fees will be charged in connection with your Gift Card.

16.10 Recipient Cancellations: Gift Card recipients can cancel their Gift Card within 60 days of the purchase date and have funds refunded to the purchaser. Gift Card recipients cannot redeem the Gift Card for cash.

16.11 Purchaser Cancellations: The purchaser will have 60 days from the date of purchase to cancel the Gift Card and receive a full refund, provided the Gift Card has not been redeemed.

16.12 Merchant Cancellations: Gift Cards are issued by TripShooter. TripShooter may cancel a Gift Card at any time for any reason and shall refund any unused Gift Card value to purchaser, provided the Gift Card has not been redeemed.

16.13 Refunds: Refunds on Gift Cards that were purchased using a credit/debit card will have the face value credited to that credit/debit card. Refunds on Gift Cards that were not purchased using a credit/debit card will be placed into the purchaser’s PayPal account.

16.14 Expiration: TripShooter Gift Cards expire after one year.

16.15 Email Delivery: Gift Cards that have a scheduled future email delivery date are sent at approximately 9:00 am Central European Time Zone on the day of the scheduled delivery.

16.16 Your Gift Card is non-transferable and its resale is prohibited.

16.17 Your Gift Card cannot be redeemed for cash and has no cash value.

16.18 Your Gift Card cannot be used to purchase other TripShooter Gift Cards offered through PayPal.

16.20 Purchase and redemption of TripShooter Gift Cards is subject to the PayPal User Agreement.

17. Photographer Liability

17.1. TripShooter markets the services of Photographers around the world and acts as an agent in selling and organising photo shoots for you.
17.2. TripShooter is not a provider of photographic services and does not control the business operations of any Photographer. Your assigned Photographer provides services directly to you, the customer. The contract for services that arises by virtue of you booking through TripShooter is between you and the Photographer.
17.3. TripShooter makes no warranties or guarantees regarding the standard of any service to be provided to you by the Photographer.
17.4. The Photographer shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered by you or any third party associated with you, caused in whole or in part by the Photographer or his or her products and services.
17.5. Whether you choose to attend the photo shoot is within your sole control and at your sole discretion.

18. Third Party Liability

18.1. By purchasing a product through any of our Third Party suppliers, including the purchase of prints and merchandise, that Third Party supplier shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered you or any third party associated with you, caused in whole or in part by the Third Party or its products and services.

19. TripShooter’s Liability

19.1. You accept that TripShooter accepts no liability for any loss or damage to you occasioned by any act, omission or default, whether negligent or otherwise. You also accept that it will not be liable for any loss or damage by any act, omission or default, whether negligent or otherwise, of any employee, agent, Photographer or Third Party.
19.2. You have certain rights under the law. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local state or territory fair trading department.
19.3. If we breach this Agreement we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum value of the photo shoot booking fee paid by you on the TripShooter Website.
19.4. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for, however it arises:
19.4.1. Losses not caused by our breach;
19.4.2. Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
19.4.3. Revenue, profits, loss of business;
19.4.4. Content posted by ourselves or other users;
19.4.5. Contracts entered into with third parties;
19.4.6. Loss of data;
19.4.7. Loss of goodwill;
19.4.8. Computer malfunction or failure;
19.4.9. Business or commercial losses caused to non-consumers; or
19.4.10. Failure to provide TripShooter Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing TripShooter Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

20. Disclaimer

20.1. We provide TripShooter, the Website and Services “as is”, “with all faults” and “as available.” We make no express warranties, promises or guarantees about TripShooter, the Website or Services. To the maximum extent permitted by law, we disclaim any implied contractual promises that TripShooter, its Website and its Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
20.2. We do not warrant, promise or guarantee that TripShooter, its Website and Services will meet your requirements, are error-free, without interruption or available at all times.
20.3. We do not warrant, promise or guarantee that the results that may be obtained from the use of TripShooter and its Website, including any Services or promotions, will be effective, reliable, accurate or meet your requirements.
20.4. We make no promises as to privacy and security other than as expressly stated in our Privacy Policy.
20.5. We do not promise or guarantee that you will be able to access or use TripShooter, its Website or Services at times or locations of your choosing.
20.6. No oral or written information or advice given by our representatives shall create any contractual promise.
20.7. You may have additional consumer rights under your local laws that this contract cannot change.

21. Indemnity

21.1. You acknowledge that:
21.1.1. To the full extent permitted by law all express and implied terms, conditions and warranties other than the ones set out in these terms are excluded.
21.1.2. We are not liable for any death or injury to any person, or loss or damage to property or person arising from:
(a) The possession, operation or use of TripShooter’s Website or Services. For avoidance of any doubt, this includes any content posted on the TripShooter website, the Photographer’s website, or subsequently found and/or published by third party websites or search engines;
(b) Your attendance at the Photo Shoot or travel to or from the Photo Shoot;
(c) Any act or omission (including negligent acts or omissions) of us, our employees, agents, Photographers and Third Parties.
21.1.3. You will indemnify us against any claims made against us by any third party concerning death, injury, loss or damage.
21.1.4. You will indemnify us and compensate us against all losses, expenses and other costs we may incur due to your failure to observe your obligations under this Agreement.
21.2. Paragraph 21 in its entirety will survive the termination or expiry of this Agreement and your use of the TripShooter Website or Services.

22. Reservation of Rights and Release

22.1. We reserve the right, but have no obligation, to monitor or take any action we deem appropriate regarding disputes that you may have with Photographers or Third Parties. To the extent the law permits, you waive and release us from any and all claims or liability from any and all claims related to the conduct of Photographers or Third Parties.

23. Intellectual Property

23.1.You agree that you do not hold copyright or intellectual property rights of any kind in the images that you commission from the Photographer. You additionally acknowledge and agree that you do not have right, title or interest in any intellectual property rights of any kind related to TripShooter, the Website, and its Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use TripShooter in accordance with this Agreement. “TripShooter” is our trademark. Other product and company names that are mentioned on TripShooter or provided as part of the Website or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
23.2. The content on the TripShooter website, excluding all intellectual property of other sites obtained by way of API and/or linking and content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under relevant law, the law of the jurisdiction where you reside, and international conventions. Content provided by the TripShooter website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the TripShooter website and its services.
23.3. You accept that TripShooter and Photographers may reproduce, distribute and publicly display your photographs in any form or medium, including on third party websites and search engines, whether now known or later developed, for the purpose of promoting and marketing TripShooter services and/or your Photographer’s services, and that this right is perpetual, non-exclusive, royalty-free, fully paid and applies world-wide. If you have any rights to the content that cannot be licensed to TripShooter or your Photographer (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against TripShooter, your Photographer, or related to our customers and partners anywhere in the world, with respect to such rights.
23.4. You have the right to revoke the rights described at 23.3 above by communicating to us in writing of your desire to do so prior to the photo shoot, or at any time thereafter.
23.5. TripShooter, its employees, officers, Photographers and Third Parties will not be liable for any damages occasioned by the application of paragraph 23.3 above prior to you revoking it. For absolute clarity, this includes any damages that may arise after paragraph 23.3 is revoked that were a consequence of the application of paragraph 23.3 prior to its revocation.
23.6. The photographs created by Photographers, as well as the text and photographs used by TripShooter on the Website and elsewhere are protected by copyright and must not be copied in whole or in part without the express permission of TripShooter.

24. Copyright Notice

24.1. The copyright holder (the Photographer) grants you a license to certain rights of copyright in each of the photos you receive via the TripShooter Website and affiliate websites. Under this license you are authorized to do the following things, and no other things, to the image (a reference to “image” means part or all of the image):
24.1.1. Make copies of the image.
24.1.2. Distribute copies of the image.
24.1.3. Use the image or part of the image to make derivative works.
24.1.4. The rights granted at paragraph 24.1 above are strictly on the following conditions:
24.1.5. You exercise these rights only for personal and non-commercial purposes – including that the image is not to be used as a trademark and derivative works must not be commercially exploited.
24.1.6. You do not make electronic copies accessible to any other persons – including as an extractable part of any electronic file (for example, a Word document).
24.1.7. You always attribute any electronic copy of the whole image as follows: “[Photographer’s name], used under license”; and any derivative work must include that attribution.
24.1.8. You take reasonable steps to protect the image from data corruption;
24.1.9. You do not use the work in a derogatory way.
24.1.10. You do not otherwise infringe the copyright of the image.
24.2. This license is free, worldwide, ongoing, revocable, non-exclusive, non-sub-licensable and non-assignable.
24.3. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyright, you may notify us with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

25. Electronic Communications

25.1. The communications between you and us use electronic means, whether you visit the TripShooter website or send us emails, or whether we post notices on the TripShooter website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
25.2. We will send emails to the email address you provide. You are responsible for providing the correct email address to us and updating your details as necessary. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control.

26. Use of TripShooter’s Website and Services

26.1. Your right to use TripShooter’s Website and Services is personal to you. You may not authorise others to use the Website or Services on your behalf, and you are responsible for all of your own use of the Website and Services.
26.2. You may not download, modify, transmit, or otherwise use any content from TripShooter’s Website or Services for public or commercial purposes.
26.3. TripShooter’s Website is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
26.4. Other than connecting to TripShooter’s servers by HTTP requests using a web browser, you may not attempt to gain access to TripShooter’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using TripShooter’s Website or Services or otherwise.
26.5. You agree not to disrupt, modify or interfere with TripShooter’s Website or Services or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of TripShooter’s Website or Services. You further agree not to alter or tamper with any information or materials on, or associated with TripShooter, its related entities, its Website, and/or its Services.

27. Links to Third Party Sites

27.1. The TripShooter website may contain links to or from third party websites or search engines that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites, search engines or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party website or search engine. By using TripShooter you expressly relieve us from any and all liability arising from use of our content by any third party website or search engine, or links to us from same.

28. Changes to this Agreement and Waivers

28.1. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the TripShooter Website. It is your sole responsibility to check the TripShooter Website from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using the TripShooter Website and its Services. Your use of the TripShooter Website and its Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of TripShooter. No purported agreement not to enforce any right or modification of this Agreement by us via telephone or email shall be valid.

29. General Terms

29.1. There are no third-party beneficiaries of this Agreement.
29.2. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, except as otherwise provided in the terms of this Agreement, and any attempt by you to do so will be invalid.
29.3. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.
29.4. Our rights under this Agreement will survive any termination of this Agreement.
29.5. You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. If you aren’t, you must please stop using the TripShooter Website and its Services.
29.6. This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.

30. Severance

30.1. Should any of these terms and conditions be void or unlawful, these terms and conditions shall be read and enforced as if the void or unlawful term had been deleted.

31. Termination

31.1. We may change or discontinue TripShooter, its Website or any of its Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions contained herein. In the event of any termination, you will immediately stop using TripShooter, its Website and and its Services. Any booking made prior to termination will be honoured according to the terms of this Agreement specifically applicable to the booking.

32. Governing Law

32.1. The laws of Illinois, United States of America govern these terms and conditions. You accept the exclusive jurisdiction of the Illinois Courts in any dispute between us.